PENGATURAN HUKUM INVESTASI ASING MENURUT TRADE RELATED INVESTMENT MEASURES (TRIMs) 1994 DAN IMPLEMENTASI NYA DI INDONESIA (Studi Kasus: Penertiban Perusahaan Penanaman Modal Asing di Bali)

Abstract

ABSTRACT

One of the legal instruments the regulates the relationship between investment and trade in goods id the 1994 Agreement on Trade-Related Investment Measures (TRIMs). Which is part of the WTO. This agreement limits investment policies that have the potential to distort trade, especially those that contradict the principle of National Treatment and the prohibition of quantitative restrictions in GATT 1994. As a WTO member country, Indonesia is obliged to adjust its investment policies to align with the provisions of TRIMs without ignoring the interest of national development such as in the case of the Regulation of Foreign Capital Companies in Bali. Problem Formulation 1. How is the legal regulation of foreign investment according to TRIMs 1994? 2. How is the implementation of legal regulations for foreign investment in Indonesia? Normative legal research method with secondary data sources consisting of primary legal materials and secondary legal materials. Data collection techniques with literature studies (documents) analyzed qualitatively. Research results 1. According to TRIMs in foreign investment shows that TRIMs prohibit quantitative import restrictions because they are contrary to GATT 1994. 2. Implementation in Indonesia is reflected in Law Number 25 of 2007 concerning Investment which in principle has adjusted to the TRIMs commitment in addition to the implementation of Law Number 7 concerning the Ratification of the Agreement Establishing The World Trade Organization. However, in the practice of supervision and sectoral policies there are still dynamics that require continous harmonization to remain in line with international obligations and ensure legal certainly and a conducive investment climate.